SENATE AMENDED
PRIOR PRINTER'S NOS. 3211, 3541, 3677 PRINTER'S NO. 4093
No. 2322 Session of 2002
INTRODUCED BY FEESE, MANDERINO, M. BAKER, BARD, ALLEN, BASTIAN,
BEBKO-JONES, BELFANTI, BISHOP, BROWNE, BUNT, BUXTON,
CALTAGIRONE, CAPPELLI, CIVERA, L. I. COHEN, M. COHEN,
COLAFELLA, CORNELL, COY, CREIGHTON, CURRY, DALEY, DALLY,
DERMODY, DeWEESE, DIVEN, D. EVANS, FICHTER, FRANKEL, FREEMAN,
GEORGE, GODSHALL, HARHAI, HARPER, HENNESSEY, HERMAN, JAMES,
JOSEPHS, KREBS, LAUGHLIN, LEDERER, LEVDANSKY, MAITLAND,
McCALL, McGILL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC,
MICOZZIE, MUNDY, MYERS, O'BRIEN, OLIVER, PALLONE, PERZEL,
PETRONE, PICKETT, PISTELLA, PRESTON, ROBINSON, ROEBUCK,
ROONEY, RUBLEY, SANTONI, SATHER, SCRIMENTI, SCHULER, SHANER,
SOLOBAY, STABACK, STEIL, STETLER, R. STEVENSON, STURLA,
SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRELLO, TRICH, VEON,
WANSACZ, WASHINGTON, WATERS, WATSON, J. WILLIAMS, WILT,
WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, BENNINGHOFF, PIPPY,
GRUITZA, ARMSTRONG, GORDNER, HORSEY, BUTKOVITZ, CORRIGAN,
LESCOVITZ, KIRKLAND, VITALI, NAILOR, J. EVANS, YEWCIC, LEWIS,
ROBERTS, SAYLOR, KENNEY, MANN, STEELMAN, CAWLEY AND BELARDI,
JANUARY 30, 2002
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 24, 2002
AN ACT
1 Establishing AMENDING TITLE 42 (JUDICIARY AND JUDICIAL <--
2 PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER
3 PROVIDING FOR THE JUDICIAL COMPUTER SYSTEM AUGMENTATION
4 ACCOUNT; AND ESTABLISHING the Access to Justice Account to
5 provide for civil legal services to indigent persons and for
6 imposition of fees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title. <--
10 This act shall be known and may be cited as the Access to
1 Justice Act.
2 Section 2. Declaration of policy.
3 SECTION 1. SECTION 3733(A.1) OF TITLE 42 OF THE PENNSYLVANIA <--
4 CONSOLIDATED STATUTES IS AMENDED TO READ:
5 § 3733. DEPOSITS INTO ACCOUNT.
6 * * *
7 (A.1) ADDITIONAL FEES.--
8 (1) IN ADDITION TO THE COURT COSTS AND FILING FEES
9 AUTHORIZED TO BE COLLECTED BY STATUTE[, AN]:
10 (I) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
11 AND COLLECTED BY THE PROTHONOTARIES OF THE PENNSYLVANIA
12 SUPREME, SUPERIOR AND COMMONWEALTH COURTS FOR EACH
13 INITIAL FILING FOR WHICH A FEE, CHARGE OR COST IS NOW
14 AUTHORIZED.
15 (II) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
16 AND COLLECTED BY THE PROTHONOTARIES, CLERKS OF ORPHANS'
17 COURTS AND REGISTERS OF WILLS OF ALL COURTS OF COMMON
18 PLEAS, OR BY ANY OFFICIALS DESIGNATED TO PERFORM THE
19 FUNCTIONS THEREOF, FOR THE INITIATION OF ANY CIVIL ACTION
20 OR LEGAL PROCEEDING.
21 (III) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
22 BY THE CLERKS OF COURTS OF ALL COURTS OF COMMON PLEAS, OR
23 BY ANY OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS
24 THEREOF, FOR THE INITIATION OF ANY CRIMINAL PROCEEDING
25 FOR WHICH A FEE, CHARGE OR COST IS NOW AUTHORIZED AND A
26 CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED[, EXCEPT
27 IN MISDEMEANOR CASES IN WHICH CASE A FEE OF $1.50 WILL BE
28 CHARGED].
29 (IV) AN ADDITIONAL FEE OF [$1.50] $10 SHALL BE
30 CHARGED AND COLLECTED BY THE MINOR JUDICIARY, INCLUDING
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1 DISTRICT JUSTICES, PHILADELPHIA MUNICIPAL COURT,
2 PHILADELPHIA TRAFFIC COURT AND PITTSBURGH MAGISTRATES
3 COURT, FOR THE INITIATION OF A LEGAL PROCEEDING FOR WHICH
4 A FEE OR COST IS NOW AUTHORIZED, EXCEPT THAT IN CRIMINAL,
5 SUMMARY AND TRAFFIC MATTERS THE FEE SHALL BE CHARGED ONLY
6 WHEN A CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED.
7 [THE ADDITIONAL FEES]
8 (V) AN ADDITIONAL FEE OF $10 SHALL BE CHARGED AND
9 COLLECTED BY THE RECORDERS OF DEEDS AND CLERKS OF COURT,
10 OR BY ANY OFFICIALS DESIGNATED TO PERFORM SIMILAR
11 FUNCTIONS, FOR EACH FILING OF A DEED, MORTGAGE OR
12 PROPERTY TRANSFER FOR WHICH A FEE, CHARGE OR COST IS NOW
13 AUTHORIZED.
14 (2) OF THE ADDITIONAL FEES IDENTIFIED IN PARAGRAPH (1),
15 $9 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED INTO THE
16 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT[.] AND $1 OF
17 EACH ADDITIONAL FEE SHALL BE DEPOSITED INTO THE ACCESS TO
18 JUSTICE ACCOUNT UNDER SECTION 4704 (RELATING TO ESTABLISHMENT
19 OF ACCESS TO JUSTICE ACCOUNT). THE MONEYS CHARGED AND
20 COLLECTED UNDER THIS SUBSECTION SHALL BE PAID TO THE COURT
21 IMPOSING THE FEE, WHICH SHALL TRANSFER THE MONEYS TO THE
22 STATE TREASURER FOR DEPOSIT INTO THE APPROPRIATE ACCOUNT. FOR
23 THE PURPOSES OF PARAGRAPH (1)(V), THE COURT SHALL BE THE
24 COUNTY COURT OF COMMON PLEAS.
25 * * *
26 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
27 CHAPTER 47
28 ACCESS TO JUSTICE ACT
29 SEC.
30 4701. SHORT TITLE OF CHAPTER.
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1 4702. DECLARATION.
2 4703. DEFINITIONS.
3 4704. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT.
4 4705. PURPOSE OF ACCOUNT.
5 4706. DISTRIBUTION OF FUNDS.
6 § 4701. SHORT TITLE OF CHAPTER.
7 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS ACCESS TO
8 JUSTICE ACT.
9 § 4702. DECLARATION.
10 The General Assembly finds and declares as follows:
11 (1) It is of paramount importance to the citizens of
12 this Commonwealth that all individuals who seek lawful
13 redress of their grievances have equal access to our system
14 of justice.
15 (2) The availability of civil legal services is
16 essential to providing meaningful access to justice for
17 indigent persons who cannot afford legal representation.
18 Section 3 § 4703. Definitions. <--
19 The following words and phrases when used in this act CHAPTER <--
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "ACCOUNT." THE ACCESS TO JUSTICE ACCOUNT ESTABLISHED IN <--
23 SECTION 4704 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE
24 ACCOUNT).
25 "Eligible legal services provider." A not-for-profit entity
26 incorporated in this Commonwealth, tax exempt under section
27 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
28 514, 26 U.S.C. § 501(c)(3)), or any successor provision, which
29 operates within this Commonwealth for the primary purpose of
30 providing civil legal services without charge, and which
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1 operates to provide such civil legal services to eligible
2 clients and victims of abuse under contract or subcontract with
3 the Department of Public Welfare for the expenditure of funds
4 appropriated by the General Assembly for the provision of legal
5 services.
6 "Lobbying activities." Any effort to influence Federal,
7 State or local legislative or administrative action, including,
8 but not limited to, activities intended to influence the
9 issuance, amendment or revocation of any executive or
10 administrative order or regulation of a Federal, State or local
11 agency, or to influence the introduction, amendment, passage or
12 defeat of any legislation by the Congress of the United States
13 or by any State or local legislative body.
14 Section 4 § 4704. Establishment of Access to Justice Account. <--
15 There is established in the State Treasury a nonlapsing
16 restricted receipt account to be known as the Access to Justice
17 Account for the deposit of all fees authorized by this act <--
18 CHAPTER. <--
19 Section 5. Purpose of Access to Justice Account. <--
20 § 4705. PURPOSE OF ACCOUNT. <--
21 (a) Permitted use.--All moneys in the Access to Justice <--
22 Account ACCOUNT and any investment income accrued shall be used <--
23 exclusively to provide civil legal assistance to poor and
24 disadvantaged persons in this Commonwealth. The Supreme Court
25 shall, by rule, determine eligibility for legal assistance under
26 this subsection.
27 (b) Prohibited use.--Recipients of funds under this act <--
28 CHAPTER are prohibited from using these funds to contribute to <--
29 or be made available to any political party or association, or
30 the campaign of any candidate for public or party office or
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1 similar political activities or to support or oppose candidates
2 for public or party office or to support or oppose any ballot
3 questions or to engage in lobbying activities, except that:
4 (1) A recipient of funds may engage in lobbying
5 activities in response to a request from a governmental
6 agency, legislative body, committee, member or staff thereof
7 made to the recipient, consistent with the Rules of
8 Professional Conduct.
9 (2) An eligible legal services provider may engage in
10 lobbying activities in the provision of legal services to an
11 eligible client on a particular application, claim or case,
12 which directly involves that client's legal rights and
13 responsibilities, however this shall not be construed to
14 permit an eligible legal services provider to solicit a
15 client, in violation of the Rules of Professional Conduct,
16 for the purpose of making such representation possible.
17 Section 6. Fees. <--
18 (a) Imposition.--The following additional fees shall be
19 imposed:
20 (1) An additional fee of $5 shall be charged and
21 collected by the prothonotaries of the Supreme Court,
22 Superior Court and Commonwealth Court for each first filing
23 in a civil appeal for which a fee, charge or cost is now
24 authorized.
25 (2) An additional fee of $5 shall be charged and
26 collected by the prothonotaries, clerks of orphans' courts,
27 register of wills or by any officials designated to perform
28 similar functions of all courts of common pleas, for each
29 first filing in a civil action or civil legal proceeding for
30 which a fee, charge or cost is now authorized.
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1 (3) An additional fee of $4 shall be charged and
2 collected by the minor judiciary, including district
3 justices, Philadelphia Municipal Court and Pittsburgh
4 Magistrates Court, for each first filing in a civil action or
5 civil legal proceeding for which a fee, charge or cost is now
6 authorized.
7 (4) An additional fee of $4 shall be charged and
8 collected by the recorders of deeds and clerks of court or by
9 any officials designated to perform similar functions, for
10 each filing of a deed, mortgage or property transfer for
11 which a fee, charge or cost is now authorized.
12 (b) Nature.--The fees collected in subsection (a) shall be
13 in addition to any court costs and filing fees authorized by
14 other provisions of law and shall be dedicated to the purposes
15 permitted for the Access to Justice Account.
16 (c) Transfer.--Moneys collected shall be paid to the court
17 imposing the fee, which shall transfer them to the State
18 Treasurer for deposit into the Access to Justice Account.
19 Section 7. Distribution of funds.
20 § 4706. DISTRIBUTION OF FUNDS. <--
21 All moneys deposited in the Access to Justice Account ACCOUNT <--
22 and any investment income accrued are hereby annually
23 appropriated to the Administrative Office of the Pennsylvania
24 Courts and shall be distributed annually, upon requisition of
25 the Court Administrator of Pennsylvania, to the Pennsylvania
26 Interest on Lawyers Trust Account Board to contract exclusively
27 with eligible legal services providers for the purpose set forth
28 in section 5(a) 4705(A) (RELATING TO PURPOSE OF ACCOUNT). Funds <--
29 received by the Pennsylvania Interest on Lawyers Trust Account
30 Board pursuant to this act CHAPTER shall be maintained in a <--
20020H2322B4093 - 7 -
1 separate account and shall be accounted for separately from any
2 other funds received by the board.
3 Section 8. Effective date. <--
4 This act shall take effect in 60 days.
5 SECTION 3. THIS ACT SHALL TAKE EFFECT AUGUST 1, 2002. <--
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